In November, 2009, a prominent group of privacy professionals, business leaders, information technology specialists, and academics gathered in Madrid to discuss how the next set of threats to privacy could best be addressed.The event, Privacy by Design: The Definitive Workshop, was co-hosted by my office and that of the Israeli Law, Information and Technology Authority. It marked the latest step in a journey that I began in the 1990’s, when I first focused on enlisting the support of technologies that could (...) enhance privacy. Back then, privacy protection relied primarily upon legislation and regulatory frameworks—in an effort to offer remedies for data breaches, after they had occurred. As information technology became increasingly interconnected and the volume of personal information collected began to explode, it became clear that a new way of thinking about privacy was needed.Privacy-Enhancing Technologies paved the way for that new direction, highlighting how the universal pr .. (shrink)

Current advances in connectivity, sensor technology, computing power and the development of complex algorithms for processing health-related data are paving the way for the delivery of innovative long-term health care services in the future. Such technological developments will, in particular, assist the elderly and infirm to live independently, at home, for much longer periods. The home is, in fact, becoming a locus for health care innovation that may in the future compete with the hospital. However, along with these advances come (...) valid privacy and security questions arising from the fact that the data collected and transmitted through these technologies could also allow for individual monitoring as well as unauthorized access to critical diagnostic and other health data. (shrink)

The 2003 blackout in the northern and eastern U.S. and Canada which caused a $6 billion loss in economic revenue is one of many indicators that the current electrical grid is outdated. Not only must the grid become more reliable, it must also become more efficient, reduce its impact on the environment, incorporate alternative energy sources, allow for more consumer choices, and ensure cyber security. In effect, it must become smart. Significant investments in the billions of dollars are being made (...) to lay the infrastructure of the future Smart Grid. However, the authors argue that we must take great care not to sacrifice consumer privacy amidst an atmosphere of unbridled enthusiasm for electricity reform. Information proliferation, lax controls and insufficient oversight of this information could lead to unprecedented invasions of consumer privacy. Smart meters and smart appliances will constitute a data explosion of intimate details of daily life, and it is not yet clear who will have access to this information beyond a person’s utility provider. The authors of this paper urge the adoption of Dr. Ann Cavoukian’s conceptual model ‘SmartPrivacy’ to prevent potential invasions of privacy while ensuring full functionality of the Smart Grid. SmartPrivacy represents a broad arsenal of protections, encapsulating everything necessary to ensure that all of the personal information held by an organization is appropriately managed. These include: Privacy by Design; law, regulation and independent oversight; accountability and transparency; market forces, education and awareness; audit and control; data security; and fair information practices. Each of these elements is important, but the concept of Privacy by Design represents its sine qua non. When applying SmartPrivacy to the Smart Grid, not only will the grid be able to, for example, become increasingly resistant to attack and natural disasters—it will be able to do so while also becoming increasingly resistant to data leakage and breaches of personal information. The authors conclude that SmartPrivacy must be built into the Smart Grid during its current nascent stage, allowing for both consumer control of electricity consumption and consumer control of their personal information, which must go hand in hand. Doing so will ensure that consumer confidence and trust is gained, and that their participation in the Smart Grid contributes to the vision of creating a more efficient and environmentally friendly electrical grid, as well as one that is protective of privacy. This will result in a positive-sum outcome, where both environmental efficiency and privacy can coexist. (shrink)

An accountability-based privacy governance model is one where organizations are charged with societal objectives, such as using personal information in a manner that maintains individual autonomy and which protects individuals from social, financial and physical harms, while leaving the actual mechanisms for achieving those objectives to the organization. This paper discusses the essential elements of accountability identified by the Galway Accountability Project, with scholarship from the Centre for Information Policy Leadership at Hunton & Williams LLP. Conceptual Privacy by Design principles (...) are offered as criteria for building privacy and accountability into organizational information management practices. The authors then provide an example of an organizational control process that uses the principles to implement the essential elements. Initially developed in the ‘90s to advance privacy-enhancing information and communication technologies, Dr. Ann Cavoukian has since expanded the application of Privacy by Design principles to include business processes. (shrink)

This paper introduces Nymity’s Privacy Risk Optimization Process (PROP), a process that enables the implementation of privacy into operational policies and procedures, which embodies in Privacy by Design for business practices. The PROP is based on the International Organization for Standardization (ISO) concept that risk can be positive and negative; and further defines Risk Optimization as a process whereby organizations strive to maximize positive risks and mitigate negative ones. The PROP uses these concepts to implement privacy into operational policies and (...) procedures. This paper was produced by Nymity and the Office of the Information and Privacy Commissioner of Ontario, Canada. It was presented by Terry McQuay, President of Nymity, at Privacy by Design: The Definitive Workshop, in Madrid, Spain, on November 2nd, 2009. The workshop was hosted by Dr. Ann Cavoukian, Information and Privacy Commissioner of Ontario, Canada, and Yoram Hacohen, Head of the Israeli Law, Information and Technology Authority. (shrink)

Informational self-determination refers to the right or ability of individuals to exercise personal control over the collection, use and disclosure of their personal data by others. The basis of modern privacy laws and practices around the world, informational privacy has become a challenging concept to protect and promote in a world of ubiquitous and unlimited data sharing and storage among organizations. The paper advocates a “user-centric” approach to managing personal data online. However, user-centricity can be problematic when the user—the data (...) subject—is not directly involved in transactions involving the disclosure, collection, processing, and storage of their personal data. Identity data is increasingly being generated, used and stored entirely in the networked “Cloud”, where it is under control of third parties. The paper explores possible technology solutions to ensure that individuals will be able to exercise informational self-determination in an era of network grid computing, exponential data creation, ubiquitous surveillance and rampant online fraud. The paper describes typical “Web 2.0” use scenarios, suggests some technology building blocks to protect and promote informational privacy online, and concludes with a call to develop a privacy-respective information technology ecosystem for identity management. Specifically, the paper outlines four fundamental technological approaches to help assure widespread and enduring online participation, confidence and trust in the information society. (shrink)